Text of the National Transportation Safety Board Reauthorization Act of 2010

This bill was introduced in a previous session of Congress and was passed by the House on September 28, 2010 but was never passed by the Senate. The text of the bill below is as of Sep 29, 2010 (Referred to Senate Committee).

Received; read twice and referred to the
Committee on Commerce, Science, and
Transportation

AN ACT

To amend title 49, United States Code, to
authorize appropriations for the National Transportation Safety Board for
fiscal years 2011 through 2014, and for other purposes.

1.

Short title; table of
contents

(a)

Short
title

This Act may be cited
as the National Transportation Safety
Board Reauthorization Act of 2010.

(b)

Table of
contents

Sec. 1. Short title; table of contents.

Sec. 2. Amendments to title 49, United States Code.

Sec. 3. Definitions.

Sec. 4. General organization.

Sec. 5. Administrative.

Sec. 6. Disclosure, availability, and use of
information.

Sec. 7. Training.

Sec. 8. Reports and studies.

Sec. 9. Authorization of appropriations.

Sec. 10. Accident investigation authority.

Sec. 11. Marine casualty investigations.

Sec. 12. Inspections and autopsies.

Sec. 13. Discovery and use of cockpit and surface vehicle
recordings and transcripts.

Sec. 14. Family assistance.

Sec. 15. Notification of marine casualties.

Sec. 16. Use of board name, logo, initials, and
seal.

2.

Amendments to title
49, United States Code

Except
as otherwise specifically provided, whenever in this Act an amendment or repeal
is expressed in terms of an amendment to, or repeal of, a section or other
provision of law, the reference shall be considered to be made to a section or
other provision of title 49, United States Code.

3.

Definitions

Section 1101 is amended to read as
follows:

1101.

Definitions

(a)

Accident
defined

In this chapter, the
term accident—

(1)

means an event associated with the
operation of a vehicle, aircraft, or pipeline, which results in damage to or
destruction of the vehicle, aircraft, or pipeline, or which results in the
death of or serious injury to any person, regardless of whether the initiating
event is accidental or otherwise; and

(2)

may include an incident that does not
involve destruction or damage of a vehicle, aircraft, or pipeline, but affects
transportation safety, as the Board prescribes by regulation.

(b)

Applicability of
definitions in other laws

The definitions contained in
section
2101(17a) of title 46 and section 40102(a) of this title apply
to this
chapter.

.

4.

General
organization

The last sentence
of section 1111(d) is amended by striking absent and inserting
unavailable.

5.

Administrative

(a)

General
authority

Section 1113(a) is
amended—

(1)

in paragraph
(1)—

(A)

by inserting
and depositions after hearings; and

(B)

by striking
subpena and inserting subpoena; and

(2)

in paragraph (2)
by inserting before the first sentence the following: In the interest of
promoting transportation safety, the Board shall have the authority by subpoena
to summon witnesses and obtain evidence relevant to an accident investigation
conducted under this chapter..

(b)

Additional
powers

(1)

Authority of
Board to enter into contracts and other agreements with nonprofit
entities

Section 1113(b)(1)(H) is amended by inserting and
other agreements after contracts.

(2)

Authority of
Board to enter into and perform contracts, agreements, leases, or other
transactions

Section 1113(b) is amended—

(A)

by striking
paragraph (1)(I) and inserting the following:

(I)

negotiate, enter into, and perform
contracts, agreements, leases, or other transactions with individuals, private
entities, departments, agencies, and instrumentalities of the Government, State
and local governments, and governments of foreign countries on such terms and
conditions as the Chairman of the Board considers appropriate to carry out the
functions of the Board and require that such entities provide appropriate
consideration for the reasonable costs of any facilities, goods, services, or
training provided by the Board.

;
and

(B)

by adding at the
end the following:

(3)

Lease
limitation

The authority of
the Board to enter into leases shall be limited to the provision of special use
space related to an accident investigation, or for general use space, at an
average annual rental cost of not more than $300,000 for any individual
property.

.

(3)

Authority of
other Federal agencies

Section 1113(b)(2) is amended to read as
follows:

(2)

Authority of
other Federal agencies

Notwithstanding any other provision of law,
the head of a Federal department, agency, or instrumentality may transfer to or
receive from the Board, with or without reimbursement, supplies, personnel,
services, and equipment (other than administrative supplies and
equipment).

.

(c)

Criteria on
public hearings

(1)

In
general

Section 1113 is amended by adding at the end the
following:

(i)

Public
hearings

(1)

Development of
criteria

The Board shall establish by regulation criteria to be
used by the Board in determining, for each accident investigation and safety
study undertaken by the Board, whether or not the Board will hold a public
hearing on the investigation or study.

(2)

Factors

In
developing the criteria, the Board shall give priority consideration to the
following factors:

(A)

Whether the
accident has caused significant loss of life.

(B)

Whether the
accident has caused significant property damage.

(C)

Whether the
accident may involve a national transportation safety issue.

(D)

Whether a public
hearing may provide needed information to the Board.

(E)

Whether a public
hearing may offer an opportunity to educate the public on a safety
issue.

(F)

Whether a public
hearing may increase both the transparency of the Board’s investigative process
and public confidence that such process is comprehensive, accurate, and
unbiased.

(G)

Whether a public hearing is likely to
significantly delay the conclusion of an investigation and whether the possible
adverse effects of the delay on safety outweigh the benefits of a public
hearing.

.

(2)

Annual
report

Section 1117 is amended—

(A)

by striking
and at the end of paragraph (5);

(B)

by striking the
period at the end of paragraph (6) and inserting ; and;
and

(C)

by adding at the
end the following:

(7)

an analysis of the Board’s implementation
of the criteria established pursuant to section 1113(i) during the prior
calendar year, including an explanation of any instance in which the Board did
not hold a public hearing for an investigation of an accident that has caused
significant loss of life or property damage or that may involve a national
transportation safety
issue.

.

(d)

Accidental death
and dismemberment insurance

Section 1113 is further amended by adding
at the end the following:

(j)

Accidental death
and dismemberment insurance

(1)

Authority to
provide insurance

The Board may procure accidental death and
dismemberment insurance for an employee of the Board who travels for an
accident investigation or other activity of the Board outside the United States
or inside the United States under hazardous circumstances, as defined by the
Board.

(2)

Crediting of
insurance benefits to offset United States tort liability

Any amounts paid to a person under
insurance coverage procured under this subsection shall be credited as
offsetting any liability of the United States to pay damages to that person
under section
1346(b) of title 28,
chapter 171 of title 28,
chapter 163 of title 10, or
any other provision of law authorizing recovery based upon tort liability of
the United States in connection with the injury or death resulting in the
insurance payment.

(3)

Treatment of
insurance benefits

Any
amounts paid under insurance coverage procured under this subsection shall
not—

(A)

be considered
additional pay or allowances for purposes of
section
5536 of title 5; or

(B)

offset any
benefits an employee may have as a result of government service, including
compensation under
chapter
81 of title 5.

(4)

Entitlement to
other insurance

Nothing in this subsection shall be construed as
affecting the entitlement of an employee to insurance under
section
8704(b) of title
5.

.

6.

Disclosure,
availability, and use of information

(a)

Trade secrets,
commercial information, and financial information

Section 1114(b) is amended—

(1)

by striking the subsection heading and
inserting the following: Trade secrets, commercial information, and financial
information;

(2)

in paragraph (1) in the matter preceding
subparagraph (A)—

(A)

by inserting ‘‘submitted to the Board in
the course of a Board investigation or study and’’ after ‘‘information’’;
and

(B)

by inserting ‘‘, or commercial or financial
information if the information would otherwise be withheld under
section
552(b)(4) of title 5,’’ after ‘‘title 18’’;

(3)

in paragraph (2) by striking ‘‘paragraph
(1) of this subsection’’ and inserting ‘‘subparagraphs (A) through (C) of
paragraph (1)’’; and

(4)

by adding at the end the following:

(4)

Annotation of controlled
information

Each person
submitting to the Board trade secrets, commercial information, financial
information, or information that could be classified as controlled under the
International Traffic in Arms Regulations shall appropriately annotate the
information to indicate the restricted nature of the information in order to
facilitate proper handling of such materials by the Board. In this paragraph,
the term ‘International Traffic in Arms Regulations’ means those regulations
contained in parts 120 through 130 of title 22, Code of Federal Regulations (or
any successor regulations).

(5)

Disclosures to protect public
health and safety

Disclosures
of information under paragraph (1)(D) may include disclosures through accident
investigation reports, safety studies, and safety
recommendations.

.

(b)

Surface vehicle
recordings and transcripts

The second sentence of section 1114(d)(1)
is amended by striking ‘‘that’’ after ‘‘information’’.

(c)

Vessel
recordings and transcripts

Section 1114 is amended—

(1)

in subsection
(a)(1) by striking and (f) and inserting (e), and
(g);

(2)

in subsection
(d)(1) by striking or vessel;

(3)

by redesignating
subsections (e) and (f) as subsections (f) and (g), respectively; and

(4)

by inserting after
subsection (d) the following:

(e)

Vessel
recordings and transcripts

(1)

Confidentiality
of recordings and transcripts

The Board may not disclose publicly any
part of a vessel’s voice or video recorder recording or transcript of oral
communications by or among the crew, pilots, or docking masters of a vessel,
vessel traffic services, or other vessels, or between the vessel’s crew and
company communication centers, related to a marine casualty investigated by the
Board. However, the Board shall make public any part of a transcript or any
written depiction of visual information the Board decides is relevant to the
marine casualty—

(A)

if the Board holds
a public hearing on the marine casualty, at the time of the hearing; or

(B)

if the Board does
not hold a public hearing, at the time a majority of the other factual reports
on the marine casualty are placed in the public docket.

(2)

References to
information in making safety recommendations

This subsection does
not prevent the Board from referring at any time to voice or video recorder
information in making safety
recommendations.

.

(d)

Foreign
investigations

Section
1114(g) (as redesignated by subsection (c)(3) of this section) is
amended—

(1)

in paragraph (1)(A) by striking ‘‘shall’’
and inserting ‘‘may’’; and

(2)

in paragraph (2) by inserting ‘‘, or other
relevant information authorized for disclosure under this chapter,’’ after
‘‘information’’.

(e)

Party
representatives to NTSB investigations

(1)

In
general

Section 1114 is further amended by adding at the end the
following:

(h)

Party
representatives to NTSB investigations

(1)

Prohibition on
disclosure of information

A
party representative to an accident or marine casualty investigation of the
Board is prohibited from disclosing, orally or in written form, investigative
information, as defined by the Board, to anyone who is not an employee of the
Board or who is not a party representative to such investigation,
except—

(A)

as provided in
paragraph (2); or

(B)

at the conclusion
of the fact finding stage of an investigation, which the investigator-in-charge
shall announce by formal posting of a notice in the publicly available
investigation docket.

(2)

Exception

If the investigator-in-charge determines
that a disclosure of information related to an accident or marine casualty
investigation is necessary to prevent additional accidents or marine
casualties, to address a perceived safety deficiency, or to assist in the
conduct of the investigation, the investigator-in-charge may at any time
authorize in writing a party representative to disclose such information under
conditions approved by the investigator-in-charge. Such conditions shall ensure
that, until the posting of a formal notice described in paragraph (1)(B), or
until the information disclosed pursuant to this paragraph becomes publicly
available by any other means, neither the entity represented by the party
representative nor any other person may use such information in preparation for
the prosecution of any claim or defense in litigation in connection with the
accident or marine casualty being investigated or to make or deny any insurance
claim in connection with such accident or marine casualty.

(3)

Compliance

The
Board shall require any individual who is a party representative to an
investigation of the Board to sign a party agreement that includes language
informing the individual of the prohibition in paragraph (1).

(4)

Representatives
of Federal agencies

Paragraph (3) shall not apply to an
individual who is a representative of the Secretary of Transportation, the
Secretary of the department in which the Coast Guard is operating, or any other
Federal department, agency, or instrumentality participating in the
investigation and deemed by the Board to be performing a law enforcement or
similar function.

In this subsection, the term party
representative means an individual representing a party to an
investigation pursuant to
section
831.11 of title 49, Code of Federal Regulations, as in effect
on the date of enactment of this
subsection.

.

(2)

Civil
penalty

Section 1151 is amended—

(A)

in the section
heading by striking Aviation
enforcement and inserting Enforcement; and

(B)

by inserting
1114(h), before 1132, in each of subsections (a),
(b)(1), and (c).

(3)

Conforming
amendment

The analysis for chapter 11 is amended by striking the
item relating to section 1151 and inserting the following:

1151.
Enforcement.

.

(f)

GAO study of
party process

(1)

In
general

The Comptroller General shall conduct a study on the use
of party representatives in investigations conducted by the National
Transportation Safety Board.

(2)

Contents

In
conducting the study, the Comptroller General shall examine, at a
minimum—

(A)

whether the
composition of the party representatives should be broadened to include
on-going representatives from other entities that could provide independent,
technically qualified representatives to a Board investigation;

(B)

whether the
participation of party representatives in a Board investigation results in any
unfair advantages for the entities represented by the party representatives
while the Board is conducting the investigation;

(C)

whether the use of party representatives
leads to bias in the outcome of a Board investigation; and

(D)

whether Board investigations would be
compromised in any way absent the participation and expertise of party
representatives.

(3)

Report to
Congress

Not later than 18 months after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a report on
the results of the study conducted under this subsection, including any
recommendations for improvements in the Board’s use of the party representative
process.

7.

Training

Section 1115(d) is amended—

(1)

by inserting
theory and techniques and on transportation safety methods to advance
Board safety recommendations before the period at the end of the first
sentence;

(2)

by inserting
or who influence the course of transportation safety through support or
adoption of Board safety recommendations before the period at the end
of the second sentence; and

(3)

by inserting
under section 1118(c)(2) before the period at the end of the
third sentence.

8.

Reports and
studies

(a)

Studies and
investigations

Section
1116(b) is amended—

(1)

in paragraph (1)
by striking carry out and inserting conduct;
and

(2)

by striking
paragraph (3) and inserting the following:

(3)

prescribe requirements for persons
reporting accidents, as defined in section 1101(a), that may be investigated by
the Board under this
chapter;

.

(b)

Urgent safety
recommendations and interim measures

Section 1116 is amended by adding at the
end the following:

(c)

Urgent safety
recommendations and interim measures

(1)

Limitation on
statutory construction

Nothing in this section shall restrict the
Board from—

(A)

making urgent safety recommendations, as
identified by the Board during an ongoing safety investigation or study, to any
department, agency, or instrumentality of the Federal Government, a State or
local governmental authority, or a person concerned with transportation safety;
or

(B)

recommending interim measures, as
identified by the Board, to a department, agency, instrumentality, authority,
or person described in subparagraph (A) to mitigate risks to transportation
safety pending implementation of more comprehensive responses by the
department, agency, instrumentality, authority, or person.

(2)

Inclusion in
final accident reports

If the
Board makes an urgent safety recommendation or recommends an interim measure
before completing a relevant final accident report, if any, the urgent safety
recommendation or interim measure shall also be reflected in the final accident
report.

.

(c)

Evaluation and
audit

Section 1138(a) is amended by striking conducted at
least annually, but may be.

9.

Authorization of
appropriations

(a)

In
general

Section 1118(a) is amended to read as follows:

(a)

In
general

There is authorized to be appropriated for the purposes
of this chapter—

(1)

$107,583,000 for fiscal year 2011;

(2)

$115,347,000 for fiscal year 2012;

(3)

$122,187,000 for
fiscal year 2013; and

(4)

$124,158,000 for
fiscal year 2014.

Such sums
shall remain available until
expended.

.

(b)

Fees, refunds,
reimbursements, and advances

Section 1118(c) is amended—

(1)

by striking the
subsection heading and inserting the following: Fees, refunds, reimbursements, and
advances;

(2)

in paragraph
(1)—

(A)

by striking
and reimbursements and inserting reimbursements, and
advances; and

(B)

by striking
services and inserting activities, services, and
facilities;

(3)

in paragraph
(2)—

(A)

in the matter
preceding subparagraph (A) by striking or reimbursement and
inserting reimbursement, or advance; and

(B)

in each of
subparagraphs (A) and (B) by striking activities and all that
follows before the semicolon and inserting activities, services, or
facilities for which the fee, refund, reimbursement, or advance is
associated;

(4)

by redesignating
paragraph (3) as paragraph (4);

(5)

by inserting after
paragraph (2) the following:

(3)

Annual record of
collections

The Board shall maintain an annual record of
collections received under paragraph
(2).

;
and

(6)

in paragraph (4)
(as redesignated by paragraph (4) of this subsection) by inserting or
advance after fee.

10.

Accident
investigation authority

(a)

In
general

Section 1131(a)(1) is amended—

(1)

in the matter
preceding subparagraph (A) by striking cause or probable cause
and inserting causes or probable causes;

(2)

in subparagraph
(C) by striking a fatality or substantial property damage” and inserting
“a fatality (other than a fatality involving a trespasser) or substantial
property damage;

(3)

in subparagraph
(E) by striking and at the end;

(4)

in subparagraph
(F) by striking the period at the end and inserting ; and;
and

(5)

by adding at the
end the following:

(G)

an accident in response to an
international request and delegation under appropriate international
conventions, coordinated through the Department of State and accepted by the
Board.

.

(b)

Authorities of
other agencies

The second sentence of section 1131(a)(3) is
amended by inserting or relevant to after developed
about.

(c)

Accidents not
involving Government misfeasance or nonfeasance

Section 1131(c)
is amended by adding at the end the following:

(3)

Authority of
Board representative

In the
case of a delegation of authority under paragraph (1), the Secretary, or a
person designated by the Secretary, shall have the authority of the Board, on
display of appropriate credentials and written notice of inspection authority,
to enter property where the aircraft accident has occurred or wreckage from the
accident is located and to gather evidence in support of a Board investigation,
in accordance with rules the Board may
prescribe.

.

(d)

Incident
investigations

Section 1131 is amended by adding at the end the
following:

(f)

Incident
investigations

(1)

Memorandum of
understanding

Not later than
90 days after the issuance of final regulations under section 1101(a)(2), the
Chairman of the Board shall seek to enter into a memorandum of understanding
with the Secretary of Transportation and the head of each modal administration
of the Department of Transportation that sets forth—

(A)

an understanding of the conditions under
which the Board will conduct an incident investigation that involves the
applicable mode of transportation; and

(B)

the roles and responsibilities of the
parties to the memorandum when the Board is conducting an incident
investigation.

(2)

Updates and
renewals

Each memorandum of
understanding required under paragraph (1) shall be updated and renewed not
less than once every 5 years, unless parties to the memorandum agree that
updating the memorandum is unnecessary.

(3)

Board
Authority

Nothing in this
paragraph negates the authority of the Board to investigate an incident.

(4)

Incident
defined

In this subsection, the term incident
means an incident described in regulations issued under section
1101(a)(2).

.

11.

Marine casualty
investigations

(a)

In
general

Chapter 11 is amended by inserting after section 1132 the
following:

1132a.

Marine
casualty investigations

(a)

Delegation of
authority to Coast Guard

(1)

In
general

In an investigation
of a major marine casualty under section 1131(a)(1)(E), the Board, with the
consent of the Secretary of the department in which the Coast Guard is
operating, may delegate to the Commandant of the Coast Guard full authority to
obtain the facts of the casualty. In the case of such a delegation, the
Commandant, acting through the Commandant’s on-scene representative, shall have
the full authority of the Board.

(2)

Required
training, experience, and qualifications

The Board may not make a delegation under
paragraph (1) unless the Board determines that the Commandant’s on-scene
representatives have sufficient training, experience, and qualifications in
investigation, marine casualty reconstruction, evidence collection and
preservation, human factors, and documentation to act in accordance with the
best investigation practices of Federal and non-Federal entities.

(b)

Participation of
Commandant in marine investigations

The Board shall provide for the
participation of the Commandant of the Coast Guard in an investigation by the
Board of a major marine casualty under section 1131(a)(1)(E) if such
participation is necessary to carry out the duties and powers of the
Commandant, except that the Commandant may not participate in establishing the
probable cause of the marine casualty (other than as provided in section
1131(b)).

.

(b)

Conforming
amendment

The analysis for chapter 11 is amended by inserting
after the item relating to section 1132 the following:

1132a. Marine casualty
investigations.

.

12.

Inspections and
autopsies

(a)

Entry and
inspection

Section 1134(a) is
amended in the matter preceding paragraph (1)—

(1)

by striking
officer or employee and inserting officer, employee, or
Federal designee; and

(2)

by inserting
in the conduct of any accident investigation or study after
National Transportation Safety Board.

(b)

Inspection,
testing, preservation, and moving of aircraft and parts

Section 1134(b) is amended to read as
follows:

(b)

Inspection,
testing, preservation, and moving of aircraft and parts

(1)

Inspection and
testing

In investigating an aircraft accident under this chapter,
the Board may—

(A)

inspect and test,
to the extent necessary, any civil aircraft, aircraft engine, propeller,
appliance, or property on an aircraft involved in an accident in air
commerce;

(B)

seize or otherwise
obtain any recording device and recording pertinent to the accident; and

(C)

require specific
information only available from the manufacturer to enable the Board to read
and interpret any flight parameter or navigation storage device or media on
board the aircraft involved in the accident.

(2)

Moving of
aircraft and parts

Any civil aircraft, aircraft engine,
propeller, appliance, or property on an aircraft involved in an accident in air
commerce shall be preserved, and may be moved, only as provided by regulations
of the Board.

seize or otherwise obtain any recording
device and recording pertinent to the accident; and

(C)

require the
production of specific information only available from the manufacturer to
enable the Board to read and interpret any operational parameter or navigation
storage device or media on board the vehicle, vessel, or rolling stock involved
in the accident.

An examination or test under paragraph
(1)(A) shall be conducted in a way that—

(A)

does not interfere
unnecessarily with transportation services provided by the owner or operator of
the vehicle, vessel, rolling stock, track, or pipeline component; and

(B)

to the maximum
extent feasible, preserves evidence related to the accident, consistent with
the needs of the investigation and with the cooperation of that owner or
operator.

.

13.

Discovery and
use of cockpit and surface vehicle recordings and transcripts

Section 1154(a)(1)(A) is amended by striking
; and and inserting ; or.

14.

Family
assistance

(a)

Family
assistance in commercial aviation accidents

Section 41113(b)(7)
is amended by inserting before the period at the end the following: ,
and that at least 60 days before the planned destruction of any unclaimed
possession of a passenger a reasonable attempt will be made to notify the
family of the passenger.

Section 41313(c)(7) is amended by inserting before the
period at the end the following: , and that at least 60 days before the
planned destruction of any unclaimed possession of a passenger a reasonable
attempt will be made to notify the family of the passenger.

15.

Notification of
marine casualties

Not later
than 6 months after the date of enactment of this Act, the National
Transportation Safety Board and the Secretary of the department in which the
Coast Guard is operating shall jointly prescribe regulations to ensure the
prompt notification and reporting of marine casualties by the Coast Guard to
the Board.

16.

Use of board
name, logo, initials, and seal

Section 709 of title
18, United States Code, is amended—

(1)

by inserting
or at the end of the paragraph immediately preceding the
paragraph that begins Shall be punished as follows:; and

(2)

by inserting the
following before the paragraph that begins Shall be punished as
follows::

Whoever, except
with the written permission of the Chairman of the National Transportation
Safety Board, knowingly uses the words National Transportation Safety
Board, the logo of the Board, the initials NTSB, or the
official seal of the Board, or any colorable imitation of such words, logo,
initials, or seal, in connection with any advertisement, circular, book,
pamphlet, or other publication, or any play, motion picture, broadcast,
telecast, or other production, in a manner reasonably calculated to convey the
impression that such advertisement, circular, book, pamphlet, or other
publication, or such play, motion picture, broadcast, telecast, or other
production, is

approved, endorsed, or authorized by the National
Transportation Safety
Board;